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1999 MLD 453

MUHAMMAD RASHID and anothers vs THE STATE

Citation1999 MLD 453
CourtSindh High Court
Case No.Criminal Bail Application No, 650 and Miscellaneous Application No,1006 in
Date1997-06-26
Judge(s)Ghous Muhammad
ResultBail allowed

ORDER

1. Miscellaneous Application No,1006 of 1997 is granted subject to all just exceptions.

2. The two applicants/accused are involved in Crime No,231 of 1995 registered at Police Station Mithadar, for offences under section 17(3) of Offences Against Property (Enforcement of Hudood)

Ordinance, 1979 read with section 324 of Qisas and Diyat Ordinance. Their bail application was rejected by the learned trial Court on 24-2-1997.

' The alleged incident took place on 20-9-1995 and the applicants were arrested on the same day.

Now bail application has been moved only on the ground of statutory delay in trial.

' I have heard the learned counsel for the applicants, the learned Assistant Advocate-General and perused the record.

' Two co-accused were granted bail by this Court on the ground of statutory delay vide Criminal Bail Application No,37 of 1997 (Zulfiqar v. State) and Criminal Bail Application No,436/97 (Mohammad Mushtaq alias Munna v. State) on 28-3-1997 and 10-4-1997, respectively. Therefore, following the principle of consistency and the law laid down in Jaggat Ram v. State (1997 SCM R 361), Zahid Hussain v. State (PLD 1995 SC 49) and Nazir Hussain Shah v. Ziaul Haque and others (1983 SCM R 72), I allow these two bail applications and admit the applicants to bail on their furnishing one surety in the sum of Rs,2,00,000 (Rs. Two lacs) each and P.R. Bonds in the like amount, to the satisfaction of the learned trial Court.

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